MaltaCriminal Code, Article 208A, Indecent Material Involving Persons Under Age Including Digitally Created and Non-Existent Minors
Criminal Code (Cap. 9), art. 208A
In force.
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not make, produce, distribute, offer, sell, supply, transmit, make available or show indecent material involving a person under age, or acquire, access or possess it; Article 208A(7) extends that material to digitally created images, simulated representations and realistic images of a minor, even if the minor is non-existent, so a wholly synthetic or AI-generated image is not exempt (Article 208A(1), (1B) and (7)).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 208A(1) punishes making, producing, distributing, offering or showing such material with imprisonment for a term from twelve months to five years. Article 208A(1B) punishes acquiring, accessing through information and communication technologies, or possessing it with imprisonment not exceeding three years.
What it makes you log
Logging duty
Article 208A is an offence provision and states no duty to keep logs or records.
- Kind
- None
- As of
What this law does
Article 208A(1) of the Criminal Code makes it an offence for a citizen or permanent resident of Malta, or any person in Malta, to make, produce, distribute, import, export, offer, sell, supply, transmit, make available, procure or show indecent material involving or showing persons under age, punishable by imprisonment of twelve months to five years.
Article 208A(1B) makes it an offence to acquire, knowingly obtain access through information and communication technologies to, or possess such material, punishable by imprisonment not exceeding three years. Article 208A(7) defines indecent material to include digitally created or electronic images, drawings, cartoons, text, simulated representations and realistic images of a minor, and any material that visually depicts a person appearing to be a child, even if the minor is non-existent.
When LexLint raises it
When your app profile says your app generates content with AI.